Question: I know that the IEP team is required to meet within ten days of receiving an outside evaluation, but what days count? I think it is school days, but what about half-days or professional development days?
Answer: Yes, the law does require the IEP team to convene and consider the independent educational evaluation (or "IEE") within 10 school-days. Here's exactly what the Massachusetts regulation requires:
603 CMR. 28.04 (5)(f) Within ten school days from the time the school district receives the report of the independent education evaluation, the Team shall reconvene and consider the independent education evaluation and whether a new or amended IEP is appropriate.
Next, you need to look at the part of the regulation that defines a "school day":
603 CMR 28.02(5) Day shall mean calendar day unless the regulation specifies school day, which shall mean any day, including a partial day, that students are in attendance at school for instructional purposes.
So, half-days count as a school day, but full-day professional development days do not, because students are not in attendance at school for instructional purposes.
If you have questions about the laws related to special education and independent evaluations, including neuropsychological evaluations, contact the Cambridge and North Shore law offices of Wong & Boscarine.
Q & A: 10 Day Requirement for Independent Evaluations